Costs entitlement where the settled damages are less than £1,000 Claimant would rely on CPR Part 8.3 and its practice direction S. 7.7. Part 47.7(ii)(d) of CPR provides that Part 45.7 applies when:

"If a claim has been issued for the amount of the agreed damages, the small claim track would not have been the normal track for that claim"

Agreed damages less than £1,000, the claim would not fall within the scope of the fixed recoverable costs response (RTA).

Part 45.6 would not apply and it would be inappropriate to issue proceedings under Part 45.7 (i)(a).

The Claimant must show that on a full liability basis the value of the injury damages claim was in excess of £1,000 (even though because of contributory negligence the actual amount of injury damages paid was below £1,000). Defendant should be made aware that in addition to the damages predictable costs are to be paid under Part 45 (ii).

Small claims: recover £200 towards medical report. Remember the court's permission is required in advance before obtaining an expert report (CPR Part 27.5): without permission not entitled to recover the expert's fees allowable pursuant to CPR Part 27.14 (3)(d).b